DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/15/24. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 – 6, 8 – 12, 14 – 21, 23 – 27, 29, 30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lyu et al. (US Publication 2024/0049037) disclosed PCT/CN21/094075.
Regarding claims 1 and 31, Lyu teaches an apparatus and a method of wireless communication performed by a user equipment (UE), comprising: (i.e. fig. 3 shows an electronic communication device (UE) comprising a processor, memory and transceiver for executing programmed instructions; see paragraphs 53 - 55)
transmitting an indication of a set of frequency bands supported for uplink transmission switching between frequency bands, the frequency bands including one or more bandwidth parts; (i.e. fig. 11 shows the UE may transmit capability information to a network device (element 802), the capability information may indicate a first frequency band supported; see paragraphs 246, 247) (See Also; the capability information indicating the first set bands includes a range of UL Tx switching bands; see paragraphs 103 - 107)
transmitting an indication of a subset of the set of frequency bands, the subset supported for dynamic uplink transmission switching between the frequency bands; (i.e. fig. 11 shows the UE may transmit capability information to a network device (element 802), the capability information may indicate a second frequency bands supported within the range of the first frequency band; see paragraphs 246, 247) (See Also; the capability information indicating the second set of bands includes dynamic UL Tx switching a band pair within the first range; see paragraphs 107 - 112) and
transmitting one or more uplink communications via one or more frequency bands of the subset of the set of frequency bands. (i.e. fig. 11 shows the UE may transmit within the second range (subset) of bands within the first set of supported bands (element 816); see paragraphs 266, 267)
Regarding claims 2, Lyu teaches the method of claim 1, further comprising:
transmitting an indication of support for transmitting the indication of the subset of the set of frequency bands. (i.e. the UE reports capability information that supports frequency band allocations; see paragraph 129)
Regarding claims 3, Lyu teaches the method of claim 1, further comprising:
receiving an indication of a set of candidate frequency bands that include the subset of the set of frequency bands. (i.e. fig. 11 shows the UE may transmit capability information to a network device (element 802), the capability information may indicate a second frequency bands supported within the range of the first frequency band; see paragraphs 246, 247)
Regarding claims 4, Lyu teaches the method of claim 1, wherein the indication of the set of frequency bands indicates more than two frequency bands supported for uplink transmission switching. (i.e. fig. 11 shows the UE may transmit capability information to a network device (element 802), the capability information may indicate first frequency bands supported and second frequency bands (subset) within the range of the first; see paragraphs 246, 247) (See Also; the capability information indicating the second set of bands includes dynamic UL Tx switching band pair within the first range, the band pair withing the range of the first set of bands indicates two or more bands are required for the first set; see paragraphs 107 - 112)
Regarding claims 5, Lyu teaches the method of claim 1, wherein the indication of the subset of the set of frequency bands indicates a number of frequency bands supported for dynamic uplink transmission switching, wherein the number of frequency bands supported for dynamic uplink transmission switching is less than or equal to a number of frequency bands within the set of frequency bands for uplink transmission switching. (i.e. fig. 11 shows the UE may transmit capability information to a network device (element 802), the capability information may indicate first frequency bands supported and second frequency bands (subset) within the range of the first; see paragraphs 246, 247) (See Also; the capability information indicating the second set of bands includes dynamic UL Tx switching band pair within the first range, the band pair withing the range of the first set of bands indicating the bands for dynamic switching must be less than or equal to the first set; see paragraphs 107 - 112)
Regarding claims 6, Lyu teaches the method of claim 1, wherein the indication of the set of frequency bands comprises: an indication of one or more switching periods associated with dynamic uplink transmission switching between frequency bands of the set of frequency bands. (i.e. the RF capability information may include an indication of switching periods between the frequency bands for dynamic UL Tx; see paragraphs 109 - 111)
Regarding claims 8, Lyu teaches the method of claim 1, wherein the UE supports the subset of the set of frequency bands for dynamic uplink transmission switching for one or more of carrier aggregation or supplemental uplink. (i.e. the UE supports the bands for dynamic UL Tx for carrier aggregation (CA), supplement uplink (SUL) and dual connectivity (EN-DC); see paragraphs 107)
Regarding claims 9, Lyu teaches the method of claim 1, further comprising:
receiving, based at least in part on the indication of the subset of the set of frequency bands, an indication of a configuration for transmitting the one or more uplink communications. (i.e. fig. 11 shows the UE may receive control signaling in response to transmitting the capability information (elements 806, 812); see paragraphs 258, 265)
Regarding claims 10, Lyu teaches the method of claim 9, wherein the configuration for transmitting the one or more uplink communications indicates a set of frequency bands configured for dynamic uplink transmission switching and a frequency band that is not configured for dynamic uplink transmission switching. (i.e. the UE is configured for uplink Tx switching based upon its capability information, which may include bands for dynamic UL Tx switching in addition to those that do not support this capability; see paragraphs 258, 265)
wherein reception of an allocation for an uplink communication via the frequency band that is not configured for dynamic uplink transmission switching is associated with not receiving an allocation for an uplink communication via the set of frequency bands configured for dynamic uplink transmission switching. (i.e. it is inherent that a UE capability indication that includes support for dynamic UL Tx switching on a particular pair of subbands within a range of supported bands, like the prior art, would send control signaling on the indicated supported bands)
Regarding claims 11, Lyu teaches the method of claim 9, wherein the indication of the configuration for transmitting one or more uplink communications comprises: an indication of multiple candidate frequency bands for dynamic uplink transmission switching, or an indication of a single frequency band supporting multiple carriers for dynamic uplink transmission switching. (i.e. the indication of support for dynamic UL Tx switching includes an indication of band pairs; see paragraph 107, 108)
Regarding claims 12, Lyu teaches the method of claim 11, wherein reception of the indication of the configuration for transmitting one or more uplink communications comprises receiving the indication via one or more of: radio resource control (RRC) signaling, medium access control signaling, or
downlink control information (DCI). (i.e. the control signaling received by the UE may be sent via RRC or MAC signaling; see paragraphs 269, 270)
Regarding claims 14, Lyu teaches the method of claim 1, wherein transmission of the one or more uplink communications via the one or more frequency bands of the subset of the set of frequency bands comprises: transmitting, during a first time period, a first set of the one or more uplink communications via a first set of the one or more frequency bands; and transmitting, during a second time period, a second set of the one or more uplink communications via a second set of the one or more frequency bands,
wherein the UE is configured to cease using the first set of the one or more frequency bands during the second time period. (i.e. the Tx switching period which may be sent as part of the UE capability information indicates the length of UL Tx switching period per pair of UL bands per band combination when dynamic UL Tx switching is configured; see paragraphs 109 - 111)
Regarding claims 15, Lyu teaches the method of claim 14, wherein transmission of the second time period, comprises: refraining from transmitting, during the second time period, via the first set of the one or more frequency bands. (i.e. by definition, the UL Tx switching period identifies the time that dynamic UL Tx switching occurs only on the configured band pairs (subset) within the first band only the band pairs that support dynamic switching are utilized)
Regarding claims 16 and 32, Lyu teaches an apparatus and a method of wireless communication performed by a network node, comprising: (i.e. fig. 3 shows an electronic communication device (UE) comprising a processor, memory and transceiver for executing programmed instructions; see paragraphs 53 - 55)
receiving an indication of a set of frequency bands supported for uplink transmission switching between frequency bands, the frequency bands including one or more bandwidth parts; (i.e. fig. 11 shows the UE may transmit capability information to a network device (element 802), the capability information may indicate a first frequency band supported; see paragraphs 246, 247) (See Also; the capability information indicating the first set bands includes a range of UL Tx switching bands; see paragraphs 103 - 107)
receiving an indication of a subset of the set of frequency bands, the subset supported for dynamic uplink transmission switching between the frequency bands; (i.e. fig. 11 shows the UE may transmit capability information to a network device (element 802), the capability information may indicate a second frequency bands supported within the range of the first frequency band; see paragraphs 246, 247) (See Also; the capability information indicating the second set of bands includes dynamic UL Tx switching a band pair within the first range; see paragraphs 107 - 112) and
receiving one or more uplink communications via one or more frequency bands of the subset of the set of frequency bands. (i.e. fig. 11 shows the UE may transmit within the second range (subset) of bands within the first set of supported bands (element 816); see paragraphs 266, 267)
Regarding claims 17, Lyu teaches the method of claim 16, further comprising: transmitting an indication of support for transmitting the indication of the subset of the set of frequency bands. (i.e. the UE reports capability information that supports frequency band allocations; see paragraph 129)
Regarding claims 18, Lyu teaches the method of claim 16, further comprising: receiving an indication of a set of candidate frequency bands that include the subset of the set of frequency bands. (i.e. fig. 11 shows the UE may transmit capability information to a network device (element 802), the capability information may indicate a second frequency bands supported within the range of the first frequency band; see paragraphs 246, 247)
Regarding claims 19, Lyu teaches the method of claim 16, wherein the indication of the set of frequency bands indicates more than two frequency bands supported for uplink transmission switching. (i.e. fig. 11 shows the UE may transmit capability information to a network device (element 802), the capability information may indicate first frequency bands supported and second frequency bands (subset) within the range of the first; see paragraphs 246, 247) (See Also; the capability information indicating the second set of bands includes dynamic UL Tx switching band pair within the first range, the band pair withing the range of the first set of bands indicates two or more bands are required for the first set; see paragraphs 107 - 112)
Regarding claims 20, Lyu teaches the method of claim 16, wherein the indication of the subset of the set of frequency bands indicates a number of frequency bands supported for dynamic uplink transmission switching, wherein the number of frequency bands supported for dynamic uplink transmission switching is less than or equal to a number of frequency bands within the set of frequency bands for uplink transmission switching. (i.e. fig. 11 shows the UE may transmit capability information to a network device (element 802), the capability information may indicate first frequency bands supported and second frequency bands (subset) within the range of the first; see paragraphs 246, 247) (See Also; the capability information indicating the second set of bands includes dynamic UL Tx switching band pair within the first range, the band pair withing the range of the first set of bands indicating the bands for dynamic switching must be less than or equal to the first set; see paragraphs 107 - 112)
Regarding claims 21, Lyu teaches the method of claim 16, wherein the indication of the set of frequency bands comprises: an indication of one or more switching periods associated with dynamic uplink transmission switching between frequency bands of the set of frequency bands. (i.e. the RF capability information may include an indication of switching periods between the frequency bands for dynamic UL Tx; see paragraphs 109 - 111)
Regarding claims 23, Lyu teaches the method of claim 16, wherein the UE supports the subset of the set of frequency bands for dynamic uplink transmission switching for one or more of carrier aggregation or supplemental uplink. (i.e. the UE supports the bands for dynamic UL Tx for carrier aggregation (CA), supplement uplink (SUL) and dual connectivity (EN-DC); see paragraphs 107)
Regarding claims 24, Lyu teaches the method of claim 16, further comprising: receiving, based at least in part on the indication of the subset of the set of frequency bands, an indication of a configuration for transmitting the one or more uplink communications. (i.e. fig. 11 shows the UE may receive control signaling in response to transmitting the capability information (elements 806, 812); see paragraphs 258, 265)
Regarding claims 25, Lyu teaches the method of claim 24, wherein the configuration for transmitting the one or more uplink communications indicates a set of frequency bands configured for dynamic uplink transmission switching and a frequency band that is not configured for dynamic uplink transmission switching. (i.e. the UE is configured for uplink Tx switching based upon its capability information, which may include bands for dynamic UL Tx switching in addition to those that do not support this capability; see paragraphs 258, 265)
wherein reception of an allocation for an uplink communication via the frequency band that is not configured for dynamic uplink transmission switching is associated with not receiving an allocation for an uplink communication via the set of frequency bands configured for dynamic uplink transmission switching. (i.e. it is inherent that a UE capability indication that includes support for dynamic UL Tx switching on a particular pair of subbands within a range of supported bands, like the prior art, would send control signaling on the indicated supported bands)
Regarding claims 26, Lyu teaches the method of claim 24, wherein the indication of the configuration for transmitting one or more uplink communications comprises: an indication of multiple candidate frequency bands for dynamic uplink transmission switching, or an indication of a single frequency band supporting multiple carriers for dynamic uplink transmission switching. (i.e. the indication of support for dynamic UL Tx switching includes an indication of band pairs; see paragraph 107, 108)
Regarding claims 27, Lyu teaches the method of claim 11, wherein reception of the indication of the configuration for transmitting one or more uplink communications comprises receiving the indication via one or more of: radio resource control (RRC) signaling, medium access control signaling, or
downlink control information (DCI). (i.e. the control signaling received by the UE may be sent via RRC or MAC signaling; see paragraphs 269, 270)
Regarding claims 29, Lyu teaches the method of claim 16, wherein transmission of the one or more uplink communications via the one or more frequency bands of the subset of the set of frequency bands comprises: transmitting, during a first time period, a first set of the one or more uplink communications via a first set of the one or more frequency bands; and transmitting, during a second time period, a second set of the one or more uplink communications via a second set of the one or more frequency bands,
wherein the UE is configured to cease using the first set of the one or more frequency bands during the second time period. (i.e. the Tx switching period which may be sent as part of the UE capability information indicates the length of UL Tx switching period per pair of UL bands per band combination when dynamic UL Tx switching is configured; see paragraphs 109 - 111)
Regarding claims 30, Lyu teaches the method of claim 29, wherein transmission of the second time period, comprises: refraining from transmitting, during the second time period, via the first set of the one or more frequency bands. (i.e. by definition, the UL Tx switching period identifies the time that dynamic UL Tx switching occurs only on the configured band pairs (subset) within the first band only the band pairs that support dynamic switching are utilized)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 7, 13, 22, 28 are rejected under 35 U.S.C. 103 as being obvious over Lyu et al. (US Publication 2024/0049037) disclosed PCT/CN21/094075.
Regarding claim 7, Lyu discloses all the recited limitations of claim 1 as described previously from which claim 7 depends. Lyu does not teach receiving an indication to transmit the indication of the subset of the set of frequency bands, wherein transmission of the indication of the subset of the set of frequency bands is based at least in part on reception of the indication to transmit the indication.
It would have been obvious to a person with ordinary skill in the art before the time the invention was filed to request the UE transmit an indication of the supported bands in the subset. As independent claim 1 establishes that the UE transmits its supported frequency bands and dynamic switching subset. Adding the preliminary step of receiving a network command to send that information represents standard, conventional behavior in wireless systems (e.g., 3GPP LTE/5G NR protocols where a base station requests capability data before the mobile device provides it).
A person with ordinary skill in the art would have been motivated to make the modification to Lyu as doing so avoids unnecessary continuous transmissions, conserves battery life, and provides the network with on-demand access to configuration data precisely when resource allocation decisions are being made.
Regarding claim 13, Lyu discloses all the recited limitations of claim 12 as described previously from which claim 13 depends. Lyu does not teach wherein medium access control signaling or the DCI, after a configuration of the subset of the set of frequency bands via the RRC signaling, activates or deactivates one or more of: the subset of the set of frequency bands, or one or more uplink carriers associated with the subset of the set of frequency bands.
It would have been obvious to a person with ordinary skill in the art before the time the invention was filed to utilize MAC CE or DCI to activate or deactivate one or more of: the subset of the set of frequency bands, or one or more uplink carriers associated with the subset of the set of frequency bands. Standard wireless communication systems (such as 3GPP LTE and 5G NR) universally separate semi-static configuration via Radio Resource Control (RRC) signaling from dynamic control via MAC control elements (MAC-CE) or DCI. Using RRC to set up or configure a feature pool, followed by MAC or DCI to rapidly turn it on or off, is a well-known, predictable design choice in protocol design to balance signaling overhead and latency.
A person with ordinary skill in the art would have been motivated to make the modification to Lyu because RRC reconfiguration introduces high latency and heavy control overhead, whereas MAC-CE and DCI provide the fast response times required for dynamic frequency and carrier switching.
Regarding claim 22, Lyu discloses all the recited limitations of claim 16 as described previously from which claim 22 depends. Lyu does not teach receiving an indication to transmit the indication of the subset of the set of frequency bands, wherein transmission of the indication of the subset of the set of frequency bands is based at least in part on reception of the indication to transmit the indication.
It would have been obvious to a person with ordinary skill in the art before the time the invention was filed to request the UE transmit an indication of the supported bands in the subset. As independent claim 1 establishes that the UE transmits its supported frequency bands and dynamic switching subset. Adding the preliminary step of receiving a network command to send that information represents standard, conventional behavior in wireless systems (e.g., 3GPP LTE/5G NR protocols where a base station requests capability data before the mobile device provides it).
A person with ordinary skill in the art would have been motivated to make the modification to Lyu as doing so avoids unnecessary continuous transmissions, conserves battery life, and provides the network with on-demand access to configuration data precisely when resource allocation decisions are being made.
Regarding claim 28, Lyu discloses all the recited limitations of claim 27 as described previously from which claim 28 depends. Lyu does not teach wherein medium access control signaling or the DCI, after a configuration of the subset of the set of frequency bands via the RRC signaling, activates or deactivates one or more of: the subset of the set of frequency bands, or one or more uplink carriers associated with the subset of the set of frequency bands.
It would have been obvious to a person with ordinary skill in the art before the time the invention was filed to utilize MAC CE or DCI to activate or deactivate one or more of: the subset of the set of frequency bands, or one or more uplink carriers associated with the subset of the set of frequency bands. Standard wireless communication systems (such as 3GPP LTE and 5G NR) universally separate semi-static configuration via Radio Resource Control (RRC) signaling from dynamic control via MAC control elements (MAC-CE) or DCI. Using RRC to set up or configure a feature pool, followed by MAC or DCI to rapidly turn it on or off, is a well-known, predictable design choice in protocol design to balance signaling overhead and latency.
A person with ordinary skill in the art would have been motivated to make the modification to Lyu because RRC reconfiguration introduces high latency and heavy control overhead, whereas MAC-CE and DCI provide the fast response times required for dynamic frequency and carrier switching.
Conclusion
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ROBERT J. LOPATA
Primary Examiner
Art Unit 2471
/ROBERT J LOPATA/
August 5, 2026 Primary Examiner, Art Unit 2471
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